Gazette opinion: Time to make USA Patriot Act SAFE for all
The 2005 Montana Legislature took a bipartisan stand for principles of liberty and freedom embodied in the state and U.S. constitutions when it overwhelmingly approved a resolution saying that provisions of the USA Patriot Act should expire this year.
Senate Joint Resolution 19 was supported by 39 senators and 87 representatives. The resolution united legislators from all points of the political spectrum because they all support fighting terrorism but oppose "any portion of the USA Patriot Act that violates the rights and liberties guaranteed under the Montana Constitution or the U.S. Constitution and the Bill of Rights."
The resolution doesn't have the force of law. But it does "exhort" state officials against assisting with any investigation or detentions under the USA Patriot Act that violate constitutionally guaranteed rights. It requests public schools and colleges to notify each individual whose education records have been obtained by law enforcement under the Patriot Act. It requests public libraries to post a notice to patrons that their library records may be obtained by federal authorities.
"Frankly, what it says to me is that civil liberties are a bipartisan issue in Montana," said Rep. Rick Maejde, R-Trout Creek.
"Montana isn't the first state that passed a resolution," said Sen. Jim Elliot, D-Trout Creek, "but this resolution is the strongest statement against the constitutional violations of the Patriot Act of any state and almost every city or county." In fact, more than 370 state or local legislative bodies nationwide have approved resolutions against all or parts of the Patriot Act.
The Patriot Act was rushed through Congress in the terrifying days immediately after the 9/11 attacks. Even then, the congressional majority recognized that some of the act's far-reaching powers should not be permanent. That's why 16 provisions are due to sunset at year's end.
That's why a group of congressional Democrats and Republicans are supporting the Security and Freedom Enhancement Act of 2005. House and Senate versions of the SAFE Act were introduced earlier this month with Sen. Larry Craig, R-Idaho, sponsoring the Senate bill.
"It is possible to fight terrorism without eroding the Constitution and the rights of Americans," Craig said.
The range of support for the SAFE Act speaks volumes about why this legislation is necessary. It has the backing of the American Civil Liberties Union as well as the American Conservative Union and the League of Women Voters.
We join the Montana Legislature in calling on our U.S. Sens. Conrad Burns and Max Baucus and Rep. Denny Rehberg to ensure that Americans' basic rights to privacy and liberty aren't sacrificed in a blanket authorization for domestic spying. Regardless of whether a person thinks the Bush administration has abused the powers of the Patriot Act, this hastily written law harbors the potential for abuse. People of vastly different political viewpoints have united because they realize that someday they might not agree with the party in power.
The law must protect all Americans - whatever their political beliefs may be. It's time to make the Patriot Act safer for us all.
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The SAFE Act of 2005
The proposed legislation would:
Limit "sneak and peak" searches in which individuals aren't notified that the government seized private records or searched their homes or businesses.
Limit roving wiretaps.
Limit access to business records.
Limit the definition of terrorism so that the Patriot Act couldn't be used to stifle political dissent.
Require that the government have documented suspicion of a crime before seizing personal information, such as library and medical records.
http://www.billingsgazette.com/index.../30-gaz-op.inc 
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